Thank you for using our Application. Please carefully review the following terms and conditions before using our services. By accessing or using our app, you agree to follow these terms and conditions. These Terms and Conditions govern your use of the Historian Chat App. By downloading, installing, or using the App, you agree to comply with them. If you do not agree with any part of these terms, you should not use the App.
Applications made available through the App Store are licensed to you, not sold. Your license for each App depends on your acceptance of either this Licensed Application End User License Agreement (“Standard EULA”) or a separate custom agreement between you and the Application Provider (“Custom EULA”), if applicable. For Apple apps, the license is granted by Apple, while for third-party apps, it is granted by the respective Application Provider. Any app governed by this Standard EULA is referred to as the “Licensed Application.” The Application Provider or Apple (“Licensor”) retains all rights not expressly granted to you under this agreement.
1. Scope of License:
The Licensor grants you a non-transferable license to use the Licensed Application on Apple-branded devices that you own or control, in accordance with the Usage Rules. This Standard EULA also applies to any content, services, or materials accessed through the app, as well as updates that replace or enhance the original application, unless a Custom EULA applies. You may not distribute or make the app available over a network where it could be used by multiple devices at the same time. You are not permitted to transfer, sublicense, or redistribute the Licensed Application. If you sell your Apple device, you must remove the app beforehand. You may not copy, reverse-engineer, decompile, modify, or create derivative works of the app or any part of it, except where permitted by law or applicable open-source licenses.
2. Consent to Use of Data:
You agree that the Licensor may collect and use technical data and related information, including details about your device, system software, and peripherals, to provide updates, support, and related services. This information may be used in a non-identifiable form to improve products and services.
3. Termination:
This agreement remains in effect until terminated by either you or the Licensor. Your rights under this agreement will automatically end if you fail to comply with any of its terms.
4. External Services:
The Licensed Application may provide access to services and websites operated by the Licensor or third parties (“External Services”). You agree to use these services at your own risk. The Licensor is not responsible for reviewing or verifying the content or accuracy of such services and is not liable for them. Information provided through these services is for general purposes only and is not guaranteed. You agree not to misuse these services or violate any intellectual property rights. External Services may not be available in all locations or languages. You are responsible for complying with applicable laws when using them. The Licensor may modify, suspend, or restrict access to these services at any time without notice.
5. NO WARRANTY:
YOU ACKNOWLEDGE THAT USE OF THE LICENSED APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES PROVIDED THROUGH IT ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. THE LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED BY THE LICENSOR SHALL CREATE ANY WARRANTY. IF THE APPLICATION OR SERVICES ARE DEFECTIVE, YOU ARE RESPONSIBLE FOR ALL REPAIR OR CORRECTION COSTS. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
6. Limitation of Liability:
TO THE EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION. THIS APPLIES REGARDLESS OF THE LEGAL THEORY AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF SUCH POSSIBILITIES. IN NO CASE SHALL THE TOTAL LIABILITY EXCEED FIFTY DOLLARS ($50.00), EXCEPT WHERE REQUIRED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS.
7. Export Restrictions:
You may not use, export, or re-export the Licensed Application except as permitted by United States law and the laws of your jurisdiction. The application may not be exported to embargoed countries or to individuals listed on restricted government lists. By using the app, you confirm that you are not located in such regions or on such lists and that you will not use the app for prohibited purposes, including the development of weapons.
8. U.S. Government End Users:
The Licensed Application and related documentation are considered “Commercial Items” under U.S. regulations. They are provided to U.S. Government users with only the rights granted under these Terms and Conditions.
9. Governing Law:
Except where otherwise required, this Agreement is governed by the laws of the State of California. Any disputes will be handled in the courts of Santa Clara County, California. If you are located outside the United States, the applicable laws of your country of residence may apply, and you agree to the jurisdiction of the relevant courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.